New York State Sued Over Segregation in Adult Homes
Bazelon
Center Warns States Against Isolating
People with Mental Illnesses
(July 1, 2003)—The nation’s leading legal advocate for the
rights of people with mental disabilities and several New York groups
today filed a lawsuit against the State of New York, alleging the illegal
segregation of approximately 4,000 people with mental illnesses placed
in “adult homes” in New York City. The Washington-based Bazelon
Center for Mental Health Law, along with local lawyers, is counsel in
the lawsuit.
The complaint, filed in U.S. District Court, alleges that the State
of New York is violating the Americans with Disabilities Act and Section
504 of the Rehabilitation Act by failing to provide housing and rehabilitation
services to help residents live in the community.
Robert Bernstein, Ph.D., executive director at the Bazelon Center, issued
the following statement earlier today:
“The State invited this lawsuit with its continued disregard
for the rights of people with mental illnesses and its reliance
on segregated,
dehumanizing facilities where individuals are denied the opportunity
to fully participate in the communities around them.
“New York City’s adult homes closely resemble the scandalous
back wards of state hospitals. Residents are offered little
in the way of services that could help them live more independently.
“New York continues to flout the Supreme Court’s 1999
Olmstead ruling that services should be provided in the most
integrated setting
possible. The state has acknowledged problems with its adult
homes for years, but officials continue to rely on this antiquated
model
that isolates
individuals and denies people with disabilities the basic rights
guaranteed by federal law.
“New York City’s homes are notable because of their size
and number, but similar facilities exist across the country. When it
comes to real participation in America’s communities,
the civil rights of people with mental illnesses are still
routinely
ignored.
“This policy of segregation and neglect is unconscionable.
“Ultimately, the only way to end such discrimination is to stop
the illegal warehousing of people with mental illnesses in these facilities.
We aim to put an end to the State’s continuing disregard
for the legal rights of people with mental disabilities and
to send a
loud, clear
message to other states that would marginalize their most vulnerable
citizens.”
For more information on the lawsuit, please see http://www.bazelon.org/nycomplaint.
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The Bazelon Center for Mental Health Law is the leading national legal-advocacy
center representing people with mental disorders, working to protect
and advance the legal rights of adults and children with psychiatric
or developmental disabilities and ensure their equal access to the services
and supports they need for full participation in community life.
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